96-23828. Department Hearings and Appeals Procedures

[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Page 49976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23828]


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DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals

43 CFR Part 4


Department Hearings and Appeals Procedures

AGENCY: Office of Hearings and Appeals, Interior.

ACTION: Final rule.

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SUMMARY: This document eliminates an outdated footnote in regulations, 
addressing the organization of the Office of Hearings and Appeals (OHA) 
and the authority delegated by the Secretary to the Director and other 
principal officials in OHA. The organization and authority is fully 
explained in the text of the regulation. This document also eliminates 
the words ``and Osage Indian wills'' as a limitation no longer 
applicable on the scope of authority of Administrative Law Judges and 
Interior Board of Indian Appeals to rule on probate issues from the 
Osage Indian Tribe.

EFFECTIVE DATE: September 24, 1996.

FOR FURTHER INFORMATION CONTACT:
 James P. Terry, Deputy Director, Office of Hearings and Appeals, U.S. 
Department of the Interior, 4015 Wilson Blvd., Arlington, VA 22203. 
Telephone: [phone].

SUPPLEMENTARY INFORMATION: This action reflects agency management in 
deleting nonsubstantive, outdated, and unnecessary language in a 
footnote relating to organization and authority of OHA, already fully 
described in the current text of Sec. 4.1 of 43 CFR Part 4, Subpart A, 
and, similarly, in deleting nonsubstantive, outdated, and inapplicable 
language in Sec. 4.1(b)(2)(ii) of 43 CFR Part 4, Subpart A. 
Accordingly, the Department has determined that the provisions of the 
Administrative Procedures Act, 5 U.S.C. 553 (b) and (d), allowing for 
public notice and comment and a 30-day delay in the effective date of a 
rule, are unnecessary and impracticable.

List of Subjects in 43 CFR Part 4

    Administrative practice and procedure.

    Therefore, under the authority of the Secretary of the Interior 
contained in 5 U.S.C. 301, Part 4 of Title 43 of the Code of Federal 
Regulations, is amended as follows:

PART 4--[AMENDED]

    1. The authority citation for Part 4 continues to read:

    Authority: R.S. 2478, as amended, 43 U.S.C. sec 1201, unless 
otherwise noted.

Subpart A--General; Office of Hearings and Appeals


Sec. 4.1  [Amended]

    2. Section 4.1 is amended by removing footnote 1 from the 
introductory text of the section.
    3. Section 4.1(b)(2)(ii) is revised to read as follows:


Sec. 4.1  Scope of authority; applicable regulations.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Orders and decisions of Administrative Law Judges in Indian 
probate matters other than those involving estates of the Five 
Civilized Tribes of Indians. The Board also decides such other matters 
pertaining to Indians as are referred to it by the Secretary, the 
Director of the Office of Hearings and Appeals, or the Assistant 
Secretary-Indian Affairs for exercise of review authority of the 
Secretary. Special regulations applicable to proceedings before the 
Board are contained in subpart D of this part.
* * * * *
    Dated: September 6, 1996.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 96-23828 Filed 9-23-96; 8:45 am]
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